Can someone explain ADA/FMLA work from home rules/law?

[Scarpozzi]

If anyone can help guide me to some documentation, that might help too.

If an employee with chronic illness had HR grant them the ability to work from home years ago, where or how can this be reviewed? I suppose I'm at a loss because I'm just trying to understand the rules of what can be discussed, suggested, or ordered once an employee is granted the ability to work from home. The law is there to protect the employee from discrimination, but the lack of their presence in the office is soon going to limit their ability to advance with some new opportunities. I want to see them advance, but can't help them without knowing they'll be onsite to attend local workshops and discussions. While those can all be made 'virtual', they would be the only party not in the room.

 

[dullard]

I'm not an expert, but for the most part, under the ADA you need (1) to provide reasonable accommodations to this individual (2) to not discriminate in promotions, and (3) to keep the medical information private. Just about anything else is allowable in most cases. For example you CAN ask about the individuals medical condition if it relates to the job and despite what most people think, HIPAA does not apply to most employers (unless your company is a medical provider).

I would guess from your description that allowing the employee to attend virtual meetings is a reasonable accommodation. An unreasonable accommodation example would be something like a restaurant letting an employee cook restaurant food at home--it isn't safe for the customer since the house isn't health inspected.

Also, this is why you have HR. Go ask them.

 

[Geekbabe]

If anyone can help guide me to some documentation, that might help too.

If an employee with chronic illness had HR grant them the ability to work from home years ago, where or how can this be reviewed? I suppose I'm at a loss because I'm just trying to understand the rules of what can be discussed, suggested, or ordered once an employee is granted the ability to work from home. The law is there to protect the employee from discrimination, but the lack of their presence in the office is soon going to limit their ability to advance with some new opportunities. I want to see them advance, but can't help them without knowing they'll be onsite to attend local workshops and discussions. While those can all be made 'virtual', they would be the only party not in the room.

“ I want to see them advance but I gotta find a way to get them dragged into the office” is how this reads to me.

I have terminal cancer & receive accommodation under the ADA, my employer has been excellent about things. As a disabled person I am at very high risk if I should contract covid. I would suggest allowing your employee to attend meetings virtually & not second guess their medical team or HR.

 

[Scarpozzi]

I'm not an expert, but for the most part, under the ADA you need (1) to provide reasonable accommodations to this individual (2) to not discriminate in promotions, and (3) to keep the medical information private. Just about anything else is allowable in most cases. For example you CAN ask about the individuals medical condition if it relates to the job and despite what most people think, HIPAA does not apply to most employers (unless your company is a medical provider).

I would guess from your description that allowing the employee to attend virtual meetings is a reasonable accommodation. An unreasonable accommodation example would be something like a restaurant letting an employee cook restaurant food at home--it isn't safe for the customer since the house isn't health inspected.

Also, this is why you have HR. Go ask them.

This is basically where I am with things, but there's a rift with other employees in the pipeline. That's why I'm trying to research this before I bring it up to anyone.

“ I want to see them advance but I gotta find a way to get them dragged into the office” is how this reads to me.

I have terminal cancer & receive accommodation under the ADA, my employer has been excellent about things. As a disabled person I am at very high risk if I should contract covid. I would suggest allowing your employee to attend meetings virtually & not second guess their medical team or HR.

That's how it reads to me too....but only because I want to see them promoted. I could get them an isolated office with a door that closes, which they didn't have before.

My wife is immuno-compromised and scared, so I get it... She works in healthcare and is around COVID patients weekly. She sees around 100 patients each week face to face. She hasn't gotten it yet and has been working in a doctor's office since June 2020 when they went back to live visits. She's had 4 vaccines and got injected with antibodies yesterday if that says anything.

 

[dullard]

This is basically where I am with things, but there's a rift with other employees in the pipeline.

Sounds like the other employees is where to start. Need to find a way to lead them. To explain that this person isn't being favored, that it isn't his/her choice to have a chronic illness, to give the other employees something as well (maybe more work from home time or something similar). To create bonding moments, run team building events, etc. Leadership to show that the managers are the ones who are picking up all of the slack and making things work even with someone at home. To explain that management will be there for these other employees if and when they become ill.

 

[Geekbabe]

This is basically where I am with things, but there's a rift with other employees in the pipeline. That's why I'm trying to research this before I bring it up to anyone.


That's how it reads to me too....but only because I want to see them promoted. I could get them an isolated office with a door that closes, which they didn't have before.

My wife is immuno-compromised and scared, so I get it... She works in healthcare and is around COVID patients weekly. She sees around 100 patients each week face to face. She hasn't gotten it yet and has been working in a doctor's office since June 2020 when they went back to live visits. She's had 4 vaccines and got injected with antibodies yesterday if that says anything.

Couple of points…
HR doesn’t hand out the okay to work from home without serious reason, you say this employee has been working from home “ for years” presumably before covid. All this suggests the nature of their disability is serious & they could be at great risk….

Problems with your other employees? You mean possible harassment of the disabled person? That issue sounds like it’s on you to manage, not the disabled employee.

Next, the disabled employee is not your wife, just posting this suggests that you feel the disabled employee needs to be “ scared” just like everyone else.

The disabled employee should be expected to virtually attend meetings, as for promotions how old is this employee? Have they asked for a promotion or are you looking at forcing them back into the office to shut up disgruntled employees?

Covid is air borne, an office with a door isn’t going to do crap to help this person particularly since the expectation is that they will have face to face interactions with others.

I agree with Dullard, why not focus on helping the other people you manage feel safer at work ? Schedule some work from home days, do meetings via Zoom for everyone on those days.

Also, as far as your wife goes, getting her into another setting sounds like it should be a top priority ❤️

 

[Scarpozzi]

Couple of points…
HR doesn’t hand out the okay to work from home without serious reason, you say this employee has been working from home “ for years” presumably before covid. All this suggests the nature of their disability is serious & they could be at great risk….

Problems with your other employees? You mean possible harassment of the disabled person? That issue sounds like it’s on you to manage, not the disabled employee.

Next, the disabled employee is not your wife, just posting this suggests that you feel the disabled employee needs to be “ scared” just like everyone else.

The disabled employee should be expected to virtually attend meetings, as for promotions how old is this employee? Have they asked for a promotion or are you looking at forcing them back into the office to shut up disgruntled employees?

Covid is air borne, an office with a door isn’t going to do crap to help this person particularly since the expectation is that they will have face to face interactions with others.

I agree with Dullard, why not focus on helping the other people you manage feel safer at work ? Schedule some work from home days, do meetings via Zoom for everyone on those days.

Also, as far as your wife goes, getting her into another setting sounds like it should be a top priority ❤

That's not the kind of issue with other employees. The organization has already moved forward from covid and working from home is out of the question from upper management. The issue I'm referring to with others is out of my hands because it falls along those same lines.

The kind of employment contract he has limits his pay and requirements to attend the meetings I'm talking about. If I were to get him a promotion, he'd be making 30% more money, have twice the paid leave, and be a manager to split his workload. But the elevated position would also require him to do planning for a new system to replace what he currently does. Anyhow....I suppose we'll just post the jobs and let the hiring committee pick the best person. If he chooses to apply, he can, but I may end appointing others to be on the committee so I won't be part of the decision.

 

[BoomerD]

Since we don't really know what the affected employee's health issues are, the best I can offer is this:

Work at Home/Telework as a Reasonable Accommodation

Many employers have discovered the benefits of allowing employees to work at home through telework (also known as telecommuting) programs. Telework has allowed employers to attract and retain valuable workers by boosting employee morale and productivity. Technological advancements have also...

www.eeoc.gov

There may also be state laws that come into play as well...

 

[Scarpozzi]

Since we don't really know what the affected employee's health issues are, the best I can offer is this:

Work at Home/Telework as a Reasonable Accommodation

Many employers have discovered the benefits of allowing employees to work at home through telework (also known as telecommuting) programs. Telework has allowed employers to attract and retain valuable workers by boosting employee morale and productivity. Technological advancements have also...

www.eeoc.gov

There may also be state laws that come into play as well...

At the end of the day, the employee and his job is fine for telework for now. I can already see though his job's going to be replaced by software in less than 3 years.

I wanted to help him get a 30% raise, but it sounds like it's not worth the risk to me or him to get in the middle of it. I'll just let the hiring committee fill the positions and let this run its course.

 

[Captante]

I wanted to help him get a 30% raise, but it sounds like it's not worth the risk to me or him to get in the middle of it. I'll just let the hiring committee fill the positions and let this run its course.

Sounds like a wise decision IMO.